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Injunctive Relief Trademarks

Proskauer Rose LLP

Three Point Shot - July 2024

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12th Man Up in the First Half: Texas Court Rules that Aggies Athletic Foundation Owes No Fiduciary Duty to Football Boosters, Second Half to Reveal Winner on Contract Claims - There is perhaps no relationship stronger and...more

Eversheds Sutherland (US) LLP

AI Litigation Insights: zvelo, Inc. v Netskope, Inc.

Plaintiff zvelo is a Colorado-based organization that has developed a database of category-based website URLs that is incorporated into various network security and web filtering vendor offerings....more

Lathrop GPM

Florida Federal Court Allows Franchisor’s Lanham Act and Breach of Contract Claims to Proceed

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A federal court in Florida recently granted in part and denied in part a former franchisee’s motion to dismiss claims for breaching a post-termination noncompete agreement, trademark infringement, and unfair competition. CHHJ...more

BakerHostetler

Licensing vs. Franchising: Are You Accidentally Creating a Franchise?

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A trademark license may seem straightforward. It is an arrangement that gives a licensee the right to use the licensor’s mark in some manner for some amount of time, with the licensor exercising quality control over the goods...more

Smart & Biggar

[Ongoing Program] Contentious trademark proceedings: What brand owners should know about defending and enforcing their rights in...

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This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...more

ArentFox Schiff

Full Court Press: NIKE Files Trademark Infringement Lawsuit Against BAPE

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Nike Inc. recently sued Japanese streetwear company, A Bathing Ape (BAPE), in the Southern District of New York, alleging that BAPE’s business model revolves around offering “near verbatim” copies of Nike’s iconic Air Force...more

Weintraub Tobin

The Southern District of NY Catches Bieber Fever and Denies Injunction

Weintraub Tobin on

Hailey Bieber recently founded her own line of skincare products under the trade name Rhode, which is her middle name. Unfortunately, her latest venture was not warmly received by everyone. The founders of the fashion line...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2022

Thank you for reading the April 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss two ongoing administrative legal challenges to the U.S. Drug Enforcement Administration's policies on...more

Amundsen Davis LLC

Rule Changes Under the Trademark Modernization Act

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Regulations implementing the Trademark Modernization Act of 2020 (TMA) went into effect on December 18, 2021. The new rules and procedures are multifaceted and address several aspects of trademark law, both with respect to...more

McDermott Will & Emery

Lanham Act Reaches Foreign Defendants’ Extraterritorial Conduct, but Worldwide Injunction Too Broad

The US Court of Appeals for the 10th Circuit upheld a district court’s injunction barring multiple foreign companies from directly or indirectly using a US remote control manufacturer’s trade dress based on the...more

Dorsey & Whitney LLP

Environmental Advocate Wins Battle Against “Australia’s Greatest Liability”

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Greenpeace, the well-known environmental campaign organization, recently prevailed over an electricity giant in the Australian case AGL Energy Limited v. Greenpeace Australia Pacific Limited. Australia’s parody and satire law...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021: Sole Mates (or Not) – Takeaways from Nike v. Satan Shoes

It was hard to escape news last month of the “Satan Shoes” collaboration between Lil Nas X and Brooklyn art collective MSCHF Product Studio (“MSCHF”). The limited (666 pairs) release of custom red and black Nike Air Max...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2021

[co-author: Joseph Diorio, Law Clerk] The April 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the suit filed by Nike over MSCHF's "Satan Shoes"; the latest PTAB decision in the ongoing battle...more

Hogan Lovells

New U.S. Trademark Law Alert – Intellectual Property Reforms Tucked Into COVID-19 Relief Package

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On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 and the act was signed into law on December 27, 2020. But don’t let the bland title fool you. ...more

Smith Gambrell Russell

Trademark and Copyright Implications of the Consolidated Appropriations Act, 2021

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On December 27, 2020, Congress passed the Consolidated Appropriations Act, which in addition to providing stimulus relief for the COVID pandemic, it includes important changes to trademark and copyright law. TRADEMARK...more

Sheppard Mullin Richter & Hampton LLP

Trademark Modernization Act Strengthens Rights of Brand Owners

Trademarks are the heartbeat of all businesses that rely on brand identity to reach their audience. Nowhere is this more important than for entertainment and media companies that constantly struggle through the often...more

McDermott Will & Emery

No More Bites at the Apple: Intervening Junior User Can Force You to Get Your Head Out of the Cloud(s)

Addressing how a mark’s intervening junior user’s success can affect a senior user, the US Court of Appeals for the Fourth Circuit upheld a grant of summary judgment in favor of the junior user and the issuance of a permanent...more

Sheppard Mullin Richter & Hampton LLP

Trademark Modernization Act Strengthens Rights of Trademark Owners

The Trademark Modernization Act (TMA) was signed into law on December 27, 2020. The Act introduces significant amendments to the Lanham Act designed to strengthen the rights of legitimate trademark owners. The Act makes it...more

McDermott Will & Emery

Special Report - 2020 IP Law Year in Review: Trademarks

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2020 was a year like no other, so you’d be forgiven if the year’s biggest headlines in trademark law didn’t quite catch your attention. In 2020, the US Supreme Court shaped trademark jurisprudence through a trio of notable...more

McDermott Will & Emery

IP Implications of the Consolidated Appropriations Act, 2021

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On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided...more

Dorsey & Whitney LLP

Highlights Part I of the Trademark Modernization Act of 2020: Irreparable Harm and TTAB Inferior Officers

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After a fair amount of end-of-year legislative drama, the Trademark Modernization  Act of 2020 (“TMA”) was signed into law on December 27, 2020 as part of the Consolidated Appropriations Act for 2021, which also included...more

White and Williams LLP

Winter COVID-19 Relief Bill: Overview of Key IP and Entertainment Provisions

Congress passed The Consolidated Appropriations Act, 2021 (Act) on December 21, 2020 and the Act was signed into law by President Trump on December 27, 2020. Though titled as COVID relief, the Act includes sweeping changes to...more

McDermott Will & Emery

Second User Vaping Company Has No Claim to “Affliction”

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The US Court of Appeals for the 10th Circuit reversed a grant of summary judgment in favor of a company selling vaping accessories under the mark AFFLICTION, holding that the district court had erred in holding as a matter of...more

Dechert LLP

Brexit Manoeuvres: Brexit and Trade Marks

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With a “no-deal” scenario looking increasingly more likely, what should brand owners be doing to prepare for 31 October this year? EU trade marks in the UK - Once the UK leaves the EU, existing EU trade marks (EUTMs)...more

Burr & Forman

In Trademark Infringement Cases, Your Right to a Jury Trial May Depend on Whether Actual Damages or the Infringer’s Profits Are...

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By way of a precedential decision published on April 23, 2019, the Eleventh Circuit joined the Sixth and Ninth Circuits in holding that trademark owners who seek disgorgement of the infringer’s profits in lieu of actual...more

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